(1)
Purpose. The Department may restrict or prohibit the
disposal, or transfer for disposal, of certain components of the solid waste
stream when it determines that:
(a) disposal
of the material presents a potential adverse impact to public health, safety or
the environment; or
(b) a
restriction or prohibition will result in the extension of the useful life or
capacity of a facility or class of facilities or reduce its environmental
impact; or
(c) a restriction or
prohibition will promote reuse, waste reduction, or recycling.
(2)
General and
Specific Restrictions. Where the Department makes a determination
to restrict or prohibit the disposal, or transfer for disposal, of a particular
material it may:
(a) require as a condition of
issuance of a permit that a facility prohibit or limit the disposal, or
transfer for disposal, of particular types of material.
(b) require as a condition of continued
operation under an existing plan approval or permit that a facility or a class
of facilities prohibit or limit the disposal, or transfer for disposal, of
particular types of material; or
(c) determine that a specific facility or
class of facilities are not approved for the disposal of particular types of
material and may not contract for the disposal of particular types of material.
For the purpose of 310 CMR
19.017 disposal or contract for disposal shall
include, but not be limited to:
1. entering
into an agreement to dispose or transport for disposal of materials restricted
from disposal in violation of 310 CMR
19.000;
2. depositing restricted materials for
collection, contracting for the collection of such materials or collecting or
transporting such materials in a manner which results in the disposal of
materials in violation of 310 CMR
19.000; or
3. intentionally contaminating or co-mingling
with solid waste pre-sorted material restricted from disposal which would
result in the need to dispose of said material in violation of 310 CMR
19.000.
(3)
Compliance with Waste Restrictions.
(a) Effective on the dates specified in 310
CMR
19.017(3):
Table restrictions on the disposal or transfer
for disposal of the materials listed therein shall apply as specified. No
person shall dispose, transfer for disposal, or contract for disposal or
transport of the restricted material, except in accordance with the restriction
established in 310 CMR
19.017(3):
Table. Any person who
disposes, transfers for disposal or contracts for disposal or transport of
restricted material may be subject to enforcement by the Department pursuant to
310 CMR
19.081.
(b) No landfill, transfer facility or
combustion facility shall accept the restricted material except to handle,
recycle or compost the material in accordance with a plan submitted pursuant to
310 CMR
19.017(6) and approved by the Department.
(c) On the effective date of the restrictions
on Cathode Ray Tubes (CRTs), specified in 310 CMR
19.017(3):
Table, all persons shall segregate CRTs from the solid waste
stream.
Table 310 CMR 19.017(3)
|
Restricted Material
|
Effective Date of Restriction for Landfills or
Combustion Facilities
|
Effective Date of Restriction for Transfer
Facilities
|
Restriction
|
|
Lead Batteries
|
December 31, 1990
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Leaves
|
December 31, 1991
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Tires
|
December 31, 1991
|
April 1, 2000
|
Ban on disposal or transfer for disposal of whole
tires only at landfills. Tires must be shredded prior to disposal in
landfills.
|
|
White Goods
|
December 31, 1991
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Other Yard Waste
|
December 31, 1992
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Aluminum Containers
|
December 31, 1992
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Metal or Glass Containers
|
December 31, 1992
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Single Polymer Plastics
|
December 31, 1994
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Recyclable Paper
|
December 31, 1994
|
April 1, 2000
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Cathode Ray Tubes
|
April 1, 2000
|
April 1, 2000
|
Ban on disposal, incineration, or transfer for
disposal, at a solid waste disposal facility
|
|
Asphalt Pavement, Brick and
Concrete
|
July 1, 2006
|
July 1, 2006
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Metal
|
July 1, 2006
|
July 1, 2006
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Wood
|
July 1, 2006
|
July 1, 2006
|
Ban on disposal or transfer for disposal at
landfills
|
|
Clean Gypsum Wallboard
|
July 1, 2011
|
July 1, 2011
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Commercial Organic Material (>1 ton per
week)
|
October 1, 2014
|
October 1, 2014
|
Ban on disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Commercial Organic Material (> 1/2 ton per
week)
|
November 1, 2022
|
November 1, 2022
|
Ban for disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Mattresses
|
November 1, 2022
|
November 1, 2022
|
Ban for disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
|
Textiles
|
November 1, 2022
|
November 1, 2022
|
Ban for disposal or incineration or transfer for
disposal at a solid waste disposal facility
|
(4)
Criteria for Determinations
of Waste Restrictions on Other Materials. In determining whether
to restrict or prohibit the disposal of other materials the Department may
consider:
(a) the nature and degree of
potential adverse impacts;
(b) the
quantities of restricted materials generated;
(c) the availability of non-disposal
management options for the restricted materials;
(d) the economic impact on the facility,
class of facilities or generators subject to the restriction;
(e) such other factors as the Department
deems relevant to such a determination.
(5)
Exceptions. The
Department may allow a facility or person to temporarily dispose or temporarily
contract for the disposal of restricted materials, with prior notification and
approval of the Department, under the following circumstances:
(a) the material is contaminated or is
otherwise not acceptable for recycling or composting, provided that the person
who contaminated or rendered the material unfit for recycling or composting
takes any action necessary to prevent a recurrence of the conditions which
contaminated or rendered the material unfit; or
(b) the recycling or composting operation or
end user to which the restricted material is normally sent declines to accept
the material or is prohibited from accepting the material as a result of an
administrative or judicial order, provided that an alternative recycling or
composting operation or storage facility which will accept the material cannot
be found within a reasonable time.
(6)
Waste Ban Plan
Submissions.
(a) The permittee or
operator shall submit a plan, or modify an existing approved plan to include
newly banned materials, which describes the actions to be taken to comply with
the restrictions imposed at 310 CMR
19.017(3). The plan shall be submitted to
the appropriate regional office of the Department.
(b) The waste ban plan shall address the
following:
1. Ongoing waste stream monitoring
of all incoming loads, including:
a.
monitoring procedures;
b.
unacceptable quantities and de minimus acceptable quantities;
and
c. record keeping.
2. Comprehensive load inspections,
including:
a. loads not subject to
comprehensive load inspections;
b.
load selection;
c. inspection
procedures;
d. unacceptable
quantities and de minimus acceptable quantities; and
e. record keeping.
3. Facility response to failed loads,
including:
a. communication; and
b. failed load disposition.
4. Other compliance plan elements,
including:
a. training;
b. signage; and
c. annual waste ban report.
(c) In determining the
adequacy of a plan the Department may consider, without limitation: the
anticipated quantities and sources of restricted materials; the contractual
terms which affect the delivery of said materials; the expected maximum and
minimum percentages of diversion of said materials prior to delivery to the
facility and capture of said materials at the facility; the design,
operational, educational, informational, financial and marketing mechanisms to
be employed to achieve compliance with the restriction; and the weighing and
record keeping systems by which the Department can verify compliance with the
restriction.
(d) Facilities shall
submit such plans at least 90 days prior to the effective date of the ban. The
schedule shall not limit the Department from requiring submission of a plan as
part of an application for a new or existing facility permit or modification of
a permit or plan approval.
(7)
Compliance with Waste Ban
Plan. Failure to comply with approved plans submitted pursuant to
310 CMR
19.017(6) or applicable permit conditions shall constitute a violation
of 310 CMR
19.000. The Department may allow
de minimis
quantities of restricted materials, as determined by the Department,
to be disposed by the facility. The Department may require, in
lieu
of an enforcement action described in
310 CMR
19.081, a modified plan to be submitted when
restricted materials are being disposed of in excess of approved
amounts.
